You can be detained for up to 24 hours by the police for the purpose of facilitating an investigation. Depending upon the direction of the investigation, you may either be released on police bail, or the detaining authority may seek to hold you further in detention on remand.A remand order can only be issued by the Court. In either case, you have the right to inform your family and your Advocate by way of section 28A of the Criminal Procedure Code. This must be done before the Police begin questioning you.

Depending on the prison sentence of the offence under which you are being investigated, you may either be held for a maximum of 7 (4+3) or 14 (7+7) days. At the remand hearing, the Court will hear representations from the Police as to why a remand order should be granted. The Court will also hear representations from your Advocate as to why a remand order ought to be rejected, bearing in mind that a remand order will only be given where and to the extent that it is necessary for the purposes of carrying out an investigation.

In case you are to be charged in Court, you will need to be able to set aside a sum of money to be deposited in Court as bail. You will also need a Malaysian above the age of 18 to stand as your bailor. The Court may impose additional conditions such as the surrender of your international passport pending the disposal of the case. You may also be required to report to the nearest police station once a month.

The Court will next fix certain case management dates leading up to trial. During this period, you will be receiving the documents the Prosecution intend to use to prove its case against you. You may also use this time to make representations to the Prosecution to review the charges against you.

The purpose of the trial is to determine your guilt or innocence. The trial process begins with the calling of witnesses by the Prosecution. These witnesses will be cross-examined by your advocate to test the veracity of their evidence. At the end of the Prosecution’s case, after all witnesses have been called, the Court will determine whether the Prosecution have proved a prima facie case. If such a case has been made out, you will be provided an opportunity to answer the Prosecution’s case by giving evidence yourself and calling your own witnesses in support.

The entire process from the initial charge to the resolution of the trial where a final determination is made by the Court may take anywhere between 1 - 3 years on average.

Every criminal Defendant has a right to appeal against the decision of the trial court and subsequently the appellate court.